On July 17, the U.S. House Committee on Agriculture hosted a closed-door roundtable briefing focused on the regulatory gray areas surrounding hemp-derived cannabinoid products. The session, convened in response to ongoing...more
7/22/2025
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Congressional Committees ,
Farm Bill ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Healthcare ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Patient Access ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
State Attorneys General
On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more
1/15/2025
/ Agribusiness ,
Appeals ,
Cannabis Products ,
Constitutional Challenges ,
Controlled Substances Act ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Marijuana ,
Medical Foods ,
Plant Based Products ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Virginia
Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods.
Originally published in Law360 - August 15, 2023....more
11/15/2023
/ Cannabis Products ,
Controlled Substances ,
Decriminalization of Marijuana ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Recreational Use ,
THC
On October 30, Virginia’s hemp industry suffered an early defeat in its effort to overturn Virginia SB 903, a law that imposed stricter limitations on hemp products than what is currently required under federal law....more
11/15/2023
/ Commerce Clause ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Manufacturers ,
Preemption ,
Regulatory Oversight ,
THC ,
Virginia
Virginia’s new hemp-derived products statutes (Va. Code § 3.2-5145.1 et seq.) went into effect as of July 1, standing to drastically alter the availability of hemp-derived products in Virginia. ...more
Under the sponsorship of Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN), congressional lawmakers recently renewed their effort to force the Food and Drug Administration’s (FDA) hand in regulating cannabidiol...more
The Virginia General Assembly recently passed — in both chambers — a bill to regulate delta-8 THC products in the commonwealth. The bill now awaits the governor’s signature. Governor Youngkin and the Republican-controlled...more
FDA has hired Norman Birenbaum, an experienced cannabis policy expert, as a senior public health advisor at the Center for Drug Evaluation and Research (CDER). The move signals the agency may soon develop a regulatory...more
Is delta-8 tetrahydrocannabinol (THC) legal to sell in Virginia? We previously reported that the legislature rejected the governor’s attempts to stymie sales of delta-8 THC, but recent developments in the commonwealth call...more
On April 27, the Virginia Senate voted to send SB 591, which would have effectively eliminated the delta-8 tetrahydrocannabinol (THC) product market in Virginia, back to committee, killing the bill for this year’s legislative...more
In the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), did Congress authorize hemp producers to handle “hot” hemp — cannabis byproducts that surpass the legal limit of delta-9 tetrahydrocannabinols...more
Governor Gavin Newsome recently signed California Assembly Bill 45 (AB 45) into law, which, among other things, allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements sold in...more
In January, we reported that the United States Department of Agriculture (USDA) issued its final rule establishing a domestic hemp production program, publishing it days before President Biden was inaugurated. The new...more
In November 2019, we reported that the United States Department of Agriculture (USDA) issued an interim final rule establishing a domestic hemp production program that was intended to go into effect for two years before being...more
On December 9, 2020, the Tennessee Department of Revenue issued its Notice #20-21, on the subject of the State of Tennessee’s excise tax on other tobacco products or “OTP”. The Notice notes that OTP is defined as “cigars …...more